McRaven

Suit against defendant for an accounting of money received by him as an attorney for plaintiffs, and to recover the same. Judgment passed for plaintiffs, from which, and an order denying a new trial, defendant appeals.

The plaintiffs alleged, in substance, in their complaint, that the defendant, as their attorney, prosecuted two actions in two of the late district courts in and *58 for the city and county of San Francisco for the recovery of a one-fifth interest in certain real estate situated in said city and county. The first was against one John Norton and about 203 others, and the second W'as against one David Worcester and others; that the plaintiffs were the same in both actions, and substantially so in the present suit; that during the pendency of said actions the defendant, as the attorney of the plaintiffs in this suit, and without their authority, in consideration of certain sums of money paid to him as such attorney by said defendants, made dismissals of said actions as to a large number of them; that plaintiffs, who reside in Mississippi, upon information and belief, allege that defendant, as their attorney, received about the sum of eight thousand dollars on account…